Bill for Constitutional Amendment (PEC) No. 39/2011 is being discussed at the Brazilian House of Representatives. Such bill revokes item VII of art. 20 of the Constitution and § 3 of art. 49 of the Act of Temporary Constitutional Provisions, to eliminate the figure of navy lands and their additions and to provide for the ownership of such real estate properties. PECs No. 16/2015, 27/2015 and 30/2015 were attached to this bill.
As provided for on Decree-law n°. 9.760, of September 5, 1946, navy lands are Federal Government assets measured from the line of high water up to 33 meters to the mainland or inward the coastal islands situated in the municipality.
For the congressman who authored the bill, the figure of navy lands was created over one hundred fifty years ago, when such resource was necessary to defend the Brazilian coast. Today, such resource is no longer necessary, therefore there is no acceptable justification for keeping it.
Maintaining navy lands has been causing a series of losses to citizens and the municipalities. The main damage to the citizen is the excessive taxation, having in view that on such lands, emphyteutic rent, occupancy fee and property taxes (IPTU) are levied. For the municipalities, such figure entails, in the majority of cases, in restrictions on public policies of urban property development and planning.
According to the approved bill, the following areas would continue to be under the Federal Government's legal title: those where the Federal Government has facilities; those intended for providers of public service granted or allowed by the Federal Government; those intended for training of the Armed Forces or that are of public interest.
The following areas would be under the states' legal title: those where the states have facilities; those intended for use by providers of granted public service.
The following areas would be under the municipalities' legal title: those where the municipalities have facilities; those that do not fall under the previous hypotheses; those currently leased out to third parties by the Federal Government.
The areas donated upon authorization in a federal law would remain under legal title of the respective donees.
The areas that fall under the concept of navy land and their additions belong to third parties when previously acquired upon assignment, emphyteusis or occupancy.
The PEC will be analyzed by a special committee to be created
specifically for this purpose. After that, it will be sent to the
Plenary, where it will be voted in two rounds.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.